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HomeMy WebLinkAboutCSD-13-036 - Plan of Subdivision - Plan of Condominium - 701 Homer Watson Boulevard REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: May 27, 2013 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Alexandra Pires, Planner, 519-741-2200 ext.7071 WARDINVOLVED: Ward 3 DATE OF REPORT: April 25, 2013 REPORT NO.: CSD-13-036 SUBJECT: PLAN OF SUBDIVISION 30T-13201 PLAN OF CONDOMINIUM 30CDM-13203 2269953 ONTARIO INC 701 HOMER WATSON BOULEVARD Figure 1: Location map EXECUTIVE SUMMARY: The Planning Division has received applications for a plan of subdivision consisting of 87 lots and a common element block, and a common elements plan of condominium comprised of a private road, amenity area, landscaped areas, stormwater management pond and visitor parking spaces. The subject site is located at 701 Homer Watson Boulevard shown on Figure 1 above. The applicant is proposing to construct 87 townhouse units which will have freehold ownership. The proposed draft plan of subdivision is required to create the future common element blocks and the lots which will be tied to the common elements. The site has received final Site Plan Approval (SP11/107/H/LT). 4 - 1 RECOMMENDATIONS: A. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-13201, in the City of Kitchener, for 2269953 Ontario Inc., subject to the following conditions : 1. That this approval applies to Plan of Subdivision 30T-13201 as shown on the draft plan of subdivision prepared by IBI Group dated February 11, 2013 and as shown on the , attached Plan of Subdivision by the City of Kitchener dated March 15, 2013which shows the following: Lots 1 to 87 - townhouses (87 units) Block 88 - private road, amenity area, landscaped areas, stormwater management pond, visitor parking spaces(common element condominium) Total - 87 dwelling units CITY OF KITCHENER CONDITIONS 2.: 2.1 That the SUBDIVIDER shall enter into a Standard City Residential Subdivision Agreement which shall include PART 1 and PART 6 as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision prepared by the City of Kitchener, dated March 15, 2013 and which shall contain the following special conditions: Part 6 Other Time Frames 6.10 That the SUBDIVIDER irrevocably direct its solicitors and surveyors to register Plan of Condominium 30CDM-13203 immediately after registration of Plan of Subdivision 30T-13201 and prior to any interest in any lot created by the plan of subdivision being conveyed or the subject of a charge to third parties. Any conveyance of charge/mortgage of any interest therein made after the registration (other than may have existed prior to the registration of the Plan of Subdivision) of Plan of Subdivision 30T-13201 and prior to the registration of Plan of Condominium 30CDM-13203 is null and void and of no effect. Anyone who purports to acquire any interest in any one or more of the said lots after registration of Plan of Subdivision 30T-13201 and prior to the registration of Plan of Condominium 30CDM-13203 is bound as successor in title to the Subdivider to convey, free and clear of encumbrance, the same to the City of Kitchener or to a person including the Subdivider as directed in writing by the City of Kitchener. 6.11 The SUBDIVIDER agrees to include a statement in all Offers to Purchase and Sale Agreements that advises: i. that the home/business mail delivery will be from one or more designated Centralized Mail Boxes. ii. that the subdivider be responsible for officially notifying the purchasers of the exact Centralized Mailbox locations prior to the closing of any home sales iii. that the location of all centralized mail receiving facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 4 - 2 6.10 Infiltration galleries have been constructed on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the infiltration galleries are provided in favour of the Condominium rvices . Wording of such easement must be approved by the tained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 6.11 Catchbasins CB 7.1, CBMH 23, CB 23.1 have been constructed on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the catchbasins are provided in favour of the Engineering Se. Wording of such easement must b maintained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 6.12 Retaining walls have been constructed on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the retaining walls are provided in favour of the Condominium Corporation, to rvices Solicitor Engineering Services and shall be maintained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 6.13 Overland flow paths have been identified on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the overland flow paths are provided in favour of the Condominium Corporation, rvices . Wording of such easement must be approved by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 6.14 The SUBDIVIDER agrees to include a statement in all Offers to Purchase and Sale Agreements that advises of the infiltration gallery, catchbasin, retaining wall 4 - 3 and overflow path requirements and the requirements to maintain such facilities. Offers of Purchase and Sales Agreements with builders shall obligate the builders to notify purchasers of the exact location, size and/or intent of such facilit Director of Engineering Services. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. Director of Planning and shall obtain approval therefrom. 3. That the Plan of Subdivision not be released for registration until such time as all of the conditions of draft approval of Plan of Condominium 30CDM-11207 have been met to 4. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 5. The SUBDIVIDER shall install within the subdivision any required geodetic monuments -ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 6. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telecommunication services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 8. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning; (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; 4 - 4 (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 10.The SUBDIVIDER shall erect and maintain a subdivision billboard sign to the satisfaction 11. That an irrevocable undertaking irrevocably authorized by the SUBDIVIDER has been er Plan of Condominium 30CDM-13203 immediately after registration of Plan of Subdivision 30T-13201 and prior to any interest in any lot created by the plan of subdivision being conveyed or the subject of a charge to third parties. Any conveyance of charge/mortgage of any interest therein made after the registration (other than may have existed prior to the registration of the Plan of Subdivision) of Plan of Subdivision 30T-13201 and prior to the registration of Plan of Condominium 30CDM-13203 is null and void and of no effect. Anyone who purports to acquire any interest in any one or more of the said lots after registration of Plan of Subdivision 30T-11201 and prior to the registration of Plan of Condominium 30CDM-11207 is bound as successor in title to the Subdivider to convey, free and clear of encumbrance, the same to the City of Kitchener or to a person including the Subdivider as directed in writing by the City of Kitchener. 12. Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 13. Infiltration galleries have been constructed on lands not within the common element block as shown on the Approved Grading Plan dated March 16, 2013, attached as .The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the infiltration galleries are provided in favour of the Condominium Corporation, to the satisfaction of . Wording of such maintained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 14. Catchbasins CB 7.1, CBMH 23, CB 23.1 have been constructed on lands not within the common element block as shown on the Approved Grading Plan dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the catchbasins are provided in favour of 4 - 5 ing Se. Wording of such easement must be approved by the Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 15. Retaining walls have been constructed on lands not within the common element block as shown on the Approved Grading Plan dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the retaining walls are provided in favour of the Condominium Corporation, to the satisfaction rvices and the Engineering Services and shall be maintained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 16. Overland flow paths have been identified on lands not within the common element block as shown on the Approved Grading Plan dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the overland flow paths are provided in favour of the Co Se. Wording of such easement must be approved by the Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 17. The SUBDIVIDER agrees to include a statement in all Offers to Purchase and Sale Agreements that advises of the infiltration gallery, catchbasin, retaining wall and overflow path requirements and the requirements to maintain such facilities. Offers of Purchase and Sales Agreements with builders shall obligate the builders to notify purchasers of the exact location, size and/or intent of such facilities. The wording of the statement shall 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the SUBDIVIDER satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo: 1. That the Developer agrees to stage the development for this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services; 2. That the subdivision agreement be registered by the City of Kitchener against the lands to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan; 3. a) That the Developer enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal 4 - 6 wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever comes first. Where the Developer has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered; b) That the Developer include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing until the 4. That prior to final approval, the owner/developer enters into a registered agreement with the Regional Municipality of Waterloo to include water pressure reducing devices for Units 7-34 inclusive and include in the offers to purchase/sale and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it not be removed by the owner/occupant. 5. That prior to final approval, the owner/developer submits a Transportation Noise Assessment to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Homer Watson Boulevard (Regional Road No. 28) and any other traffic noise sources. If necessary the owner/developer shall enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved Noise Assessment. Transportation Noise No-approved list. The Region requires 4 4. OTHER AGENCY CONDITIONS No other agency conditions are required. 5. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the CITY's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services conditions 3.1 through 3.5 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 4 - 7 2. That prior to the signing of the final plan by the CITY shall be advised by the communication company that Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 3. That prior to the signing of the final plan by the CITY shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.6 and 2.2.8have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 6. NOTES 1. The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and Development Charge By-law 04-049 of the Regional Municipality of Waterloo are applicable. 2. The final plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by Kitchener Council from time to time to determine whether draft approval should be maintained. 4. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Planning, Housing and Community Services and the City of Kitchener Community Services Department of any changes in ownership, agent, address and phone number. 5. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 05- 080, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. 6. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning, Housing and Community Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Servicesto service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. 7. This draft plan application was received on February 14, 2013 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 2006, c.23 (Bill 51). 8. Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of 4 - 8 plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 9. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Review (or designate) signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One(1)original mylar four(4)mylar copies four(4)white paper prints B. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P.13, as amended, and By-law 2002-64 as amended, of the City of Kitchener, herby grants draft approval to Condominium Application 30CDM-13203 for 701 Homer Watson Boulevard in the City of Kitchener, subject to the following conditions: 1. That this approval applies to Draft Condominium 30CDM-13203 for 2269953 Ontario Inc. prepared by IBI Group, dated February 11, 2013, and as shown on the attached Plan of Condominium prepared by the City of Kitchener, dated March 15, 2013 proposing a common element plan of condominium for 0.6867 hectares of land comprised of the private road, amenity area, landscaped areas, stormwater management pond and visitor parking spaces. 2. That the final plan shall be prepared in general accordance with the above noted plan, with a co Review. 3. Manager of Development Review, containing the following provisions: i) That common element walkways, sidewalk, driveways and parking areas be maintained in a snow free condition and void of any obstruction 12 months of the year. ii) That the Condominium Corporation agrees to maintain the common elements in compliance with the site plan appManager of Site Development and Customer Service, for the life of the development on the common elements. 4 - 9 iii) That the common elements may be subject to water, stormwater and sanitary easement agreement with utility suppliers and the City of Kitchener for access and/or maintenance purposes. iv) That home mail delivery will be from a designated Community Mail Box located within the common element portion of the plan. v) That a private contractor will pickup and dispose of all recyclables and other waste material from the common element portion of the plan. vi) An infiltration gallery, catchbasin, retaining wall and/or overflow path Infiltration galleries has been constructed on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. Easements necessary to ensure the implementation, access to, and maintenance of the infiltration galleries have been provided in favour of the Condominium Corporation and shall be maintained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which such facility is located. vii) That the Owner implements that recommendations outlined in the approved Transportation Noise Assessment to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Homer Watson Boulevard (Regional Road No. 28) and any other traffic noise sources. 4. That the Owner submit a draft of the executed declaration, with the provisions as Review. 5. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes, utility accounts, and/or local improvement charges. 6. That the owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works to the satisfaction of the i) The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the site works have not been complete and certified in conformity with the approved design, the City may draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provide with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development agreed by the Owne enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the 4 - 10 Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by By- Section 326 of the Municipal Act to have such works completed and to recover expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit at the request of the Owner, provided that the approval is obtained from the City Treasurer and City Solicitor. 7. That the project surveyors have provided their unqualified certification that the proposed declaration for the proposed Common Elements Condominium have been approved by the Registry Office and all signatures and certification required to permit its registration have been included thereon, other than on the behalf of the City of Kitchener. 8. That the project solicitors has provided their unqualified certification that the proposed declaration for the proposed Common Elements Condominium have been approved by the Registry Office and all signatures and certification required to permit its registration have been included thereon, other than on the behalf of the City of Kitchener. 9. That an irrevocable undertaking irrevocably authorized by the proposed Declarant has declaration and description plans for the proposed Plan of Condominium forthwith upon: i) the registration of Plan of Subdivision 30T-13201; and ii) signing of the description plan approval or exemption box on the description plans by the City of Kitchener and that the proposed Declarant undertakes to the City of Kitchener that there shall be no conveyance of Parcels of Tied Land until such time as the Plan of Condominium description and declaration have been registered on title. The City of Kitchener may withhold registration of Plan of Subdivision 30T-13201 pending the City of Kitchener solicitor making escrow arrangements with the solicitor of the proposed Declarant that are satisfactory to the City of Kitchener solicitor to ensure the proposed declaration is registered immediately following the registration of Plan of Subdivision 30T-13201. 10. Infiltration galleries have been constructed on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the infiltration galleries are provided Engineering Se. Wording of such easement must be Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 11. Catchbasins CB 7.1, CBMH 23, CB 23.1 have been constructed on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the catchbasins 4 - 11 are provided in favour of the Cond Director of Engineering Se. Wording of such easement maintained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 12. Retaining walls have been constructed on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the retaining walls are provided in favour Engineering Se. Wording of such easement must be Services and shall be maintained by the Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 13. Overland flow paths have been identified on lands not within the common element block as shown on the Approved Grading Plan prepared by IBI Group, dated March 16, 2013. The SUBDIVIDER agrees that prior to registration of the plan of subdivision and that prior to the registration of the plan of condominium, easements necessary to ensure the implementation, access to, and maintenance of the overland flow paths are provided in Engineering Se. Wording of such easement must be Condominium Corporation as whole, and not by an individual unit owner which may own a portion of the land in which the infiltration gallery is located. 14. The SUBDIVIDER agrees to include a statement in all Offers to Purchase and Sale Agreements that advises of the infiltration gallery, catchbasin, retaining wall and overflow path requirements and the requirements to maintain such facilities. Offers of Purchase and Sales Agreements with builders shall obligate the builders to notify purchasers of the exact location, size and/or intent of such facilities. The wording of the statement shall Services. Regional Municipality of Waterloo Conditions: 15. That the condominium agreement (if necessary) be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Commissioner of Planning, Housing and Community Services for the Regional Municipality of Waterloo prior to final approval of the condominium plan. 16. That the Condominium Declaration be forwarded to the Commissioner of Planning, Housing and Community Services for the Regional Municipality of Waterloo prior to final approval of the condominium plan. 4 - 12 17. That the Developer agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Housing and Community Services and the City of Kitchener, including any easements or other requirements as a result of staging. 18. That prior to final approval, the owner/developer submits a Transportation Noise Assessment to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Homer Watson Boulevard (Regional Road No. 28) and any other traffic noise sources. If necessary the owner/developer shall enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved Noise Assessment. Transportation Noise Noise Consu-approved list. The Region requires 4 CLEARANCES: 1. the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 14 inclusive have been met. The submission shall include a brief but complete statement detailing how each condition has been satisfied. 2. That prior to the the City of Kitchener is to be advised by the Regional Commissioner of Planning, Housing and Community Services that Condition 3vii andConditions 15 to 18 (inclusive) have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief but complete statement detailing how each condition has been satisfied. NOTES: 1. The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and Development Charge By-law 04-049 of the Regional Municipality of Waterloo are applicable. 2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by the Manager of Development Reviewfrom time to time to determine whether draft approval should be maintained. 4. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Planning, Housing and Community Services and the City of Kitchener Community Services Department of any changes in ownership, agent, address and phone number. 5. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 05- 080, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. 4 - 13 6. This draft plan application was received on February 14, 2013 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 2006, c.23 (Bill 51). 7. To ensure that a Regional Release is issued by the Region Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 8. The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186 Proximity of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. 9. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and the City has received assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: Two (2) original mylar Five (5) white paper prints One (1) digital copy BACKGROUND: The subject property is located at 701 Homer Watson Boulevard. The land are designated ubject lands are zoned Residential Eight Zone (R-8) with Special Regulation Provision 372R, Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 371R and Special Use Provision 85U, Residential Six Zone (R-6) and Residential Seven Zone (R-7). The proposed medium density residential development is permitted on the lands as per the policies in the Zoning By-law 85-1. The subject development has received full Site Plan Approval and a copy of the approved plan is attached as Appendix C for reference. Through the Site Plan Approval process, the owner dedicated a portion of land located east of the subject property to the City of Kitchener as part of the required parkland dedication. REPORT: The owner of the subject lands, 2269953 Ontario Inc., is proposing to develop a residential cluster development consisting of 87 freehold townhouse units, which will be tied to common elements such as a private road, amenity area, landscaped areas, stormwater management pond and visitor parking spaces. 4 - 14 The subject applications are necessary to create the freehold townhouse lots and the common element condominium ownership of the shared common elements. Prior to registration of these plans, the development may proceed as a cluster townhouse project with rental tenure. Policy Conformity Provincial Policy Statement The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. The proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands 2006 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. Staff is of the opinion that the proposal complies with the policies of the Growth Plan. Regional Official Policies Plan The subject lands are within the City Urban Area as established in the Regional Official Policies Plan. The Region of Waterloo required the preparation of a Transportation Noise Assessment to assess noise levels and to indicate methods to be used to abate traffic noise levels from Homer Watson Boulevard (Regional Road No. 28) and any other traffic noise sources. If necessary the owner will be required to enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved Noise Assessment. Staff is of the opinion that the proposal subject to the recommended conditions satisfies the policies of this plan. Agency and Department Circulation The subject applications were circulated to all required agencies and city departments on February 27, 2013. The comments received have either been addressed or included as conditions of draft approval as recommended in the report. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will align with the Kitchener Strategic Plan. It ensures the implementation of the Development community priority with comprehensive redevelopment that is consistent with Provincial, Regional and City planning policies. FINANCIAL IMPLICATIONS: There are no financial implications to the City. COMMUNITY ENGAGEMENT: Neighbourhood Circulation Notice of the applications was circulated to neighbouring property owners within 120 metres of the subject property on February 27, 2013. As a result of the circulation, staff received responses from six (6) property owners. There were no concerns raised with respect to the freehold ownership and common element condominium proposed by these applications. One respondent wanted additional information/clarification regarding the applications and had no further concerns once the information was relayed. The other five respondents raised concerns with respect to the site plan development and layout including fencing along the eastern property line and the location of the deep well garage collection system adjacent to the 4 - 15 Brisbane Court properties. The manner in which these concerns have been addressed is explained below. Fencing along the east limit of the site As per the approved site plan erect a 1.82 metre high board fence along the east property line adjacent to properties along Brisbane Court. Appendix , that the board-on-board fence along the east limit of the site will be installed no later than May 31, 2013 as this date will provide time for the ground to thaw to assist in ease of installation. Further, the approved site plan and site plan agreement is registered on title of the subject lands which obligates the current owner or future successors to maintain the lands as approved for the life of the property. Location of the deep well garbage collection system The location(s) of the deep well system was finalised and approved through the site plan approval process. opinion that the deep well system will be designed to avoid exposed garbage/recycling items and negate any impacts to surrounding properties.It will be the responsibility of the condominium corporation to ensure that the garbage is managed appropriately. Newspaper Advertisement In accordance with Ontario Regulation 544/06 a newspaper advertisement will be published in the Record newspaper onMay 3, 2013 advising the date of the public meeting to be held at the Planning and Strategic Initiatives Committee Meeting on May 27, 2013. A copy of the CONCLUSION: The recommendations contained within this report will permit the freehold ownership of the townhouses through the plan of subdivision which will betied to a common elements condominium. The proposed development conforms to the Official Plan, Zoning By-law and Provincial Plans, is compatible with surrounding land uses and represents good planning. As such, staff recommend that draft plan of condominium 30CDM-13203anddraft plan of subdivision 30T-13201,relating to 701 Homer Watson Boulevard, be approved subject to the conditions outlined in this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May,Deputy CAO Community Services Department Proposed Draft Plan of Subdivision 30T-13201 Proposed Draft Plan of Condominium 30CDM-13203 Approved Site Plan SP11/107/H/LT Newspaper Advertisement Appendi Department and Agency Comments Responses from Property Owners Letter from IBI Group dated April 5, 2013 Approved Grading Plan prepared by IBI Group, dated March 16, 2013 4 - 16 SfqpsuOp/DTE.24.147 Bqqfoejy#B# 4 - 17 SfqpsuOp/DTE.24.147 Bqqfoejy#C# 4 - 18 SfqpsuOp/DTE.24.147 Bqqfoejy#D# 4 - 19 4 - 20 SfqpsuOp/DTE.24.147 Bqqfoejy#F# 4 - 21 4 - 22 4 - 23 4 - 24 4 - 25 4 - 26 4 - 27 4 - 28 4 - 29 4 - 30 4 - 31 4 - 32 4 - 33 4 - 34 4 - 35